Preview
From: Freeeeee ieeql&ee Fe»: ro: Fe»: teeet eee.leo eeee.eeie ieuniene eeeee
Hunt ilc Henriques, Attorneys at Law
Michael S, Hunt, Fsq. J199804
151 Bernal Road Suite 8 6/23/2020
San Josd CA 95119-1306
Telephone: (800) 680-2426
Facstuul«: {408) 362-2299
Attorneys for Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTF.
9 CHICO. NORTH COUNTY COURTHOUSE — LIMITED CIVII. JURISDICTION
10
II Capital One Bank (USA), N.A., ICa e No. I 9Cvnt 460
12 Plaintif1;
3(~N
ce~
pion
13'v. SFTTI FMFNT AGRFEtvtENT
JURISDICTION RETAINED UNDER CODE
)Ige 14 IF'FER L MICH, et aL, OF CIVIL PROCKDURF. IJ 664.6
33
15 Defendant(s)
Fled( 16
ngi II
18 fl'S HEREBY STIPULATED by and between the parties hereto:
19 1. JLNNIFER L MICII("Defendant.") stipulates to entry ofjudgment in favor of Capit il One Bank
20 {1}SA), N.A., ("PtaintitÃ) in the principal sum of $ 7,463.}0 plus court costs pursuant to a I
21 memorandum of costs (which will be limited to P)aintifps fee lor filing the complaint; Plaintiff s
fee tor scrv!cc of prow.ugi fm (! nc!uding any reporter tbc tliat tiic crmii I'liav ivquiic at thc 1iinc a
motion or application is fled) lbr any motion, apphcation, and/or order that has been
granted,
24 includtng fhe motion or applirsil ion to enforce this Agreement iind any order fee required to file
25 thc at tie«bed proposed ordei; and Defendant's first appearance fee if plaintitTiatvaiic«~ iliin fee
iii
26 order to file this Agreement); less credit for payments made in good funds before the time of
27 default.
Page 1 of6
Stipulation Agreement ((:ode of Civil 1'r«icedure ( 664.6)
lIIIlllllIIIIII t3) 5027ODI
Fram. 0 rarrasa BaqmraaFair'aa (848) 301 4838 Pa09.3at 8 30&22I2019 3.35 PM
I 2. The parties a~0 tlrat sn scc4runt hss been starul su&1 $ 7,463.10 is the accurate liquidated amount
owed on this debt. As such, Defendant acknowledges this as thc co»ect bala&ice. It is the
parties'ntent
that in the event of default in rhe payment plan, Plaintitf shall be entitled to enter judgment
fur thc amount ststml in $ I.
5 3. Notwithstanding the stipulation to enter judgment, plaintiff willnot request that judgment he
entered so long as Defendant is not in default with the following paymem plrur. Dependant agrees
to psy to plaintiff a minimum of $ 25.00 on or bcforc the 31»t dsy of each and every month
beginning October, 2019; followed by a minimum of $ 382.00 on or before the 31st dsy of each
and every month beginning August, 2020 followed by a final payment of $ 337.10 due on or
10 before February 28, 2022, until the Defendant has paid thc iotal sum of $ 7,463.10. These
consecutive monthly installments, totaling $ 7,463.10, Smely received, will constitute full
12 satisfaction of the judgment.
f frSI &3 4. As an inccntivc, if Defendant timely makes 24 of the 29 installment payments when due., totaling
$ 5,598.00, Defendant may deduct the remaining 5 payments, totaling $ 1,865.10, Aom the
remaining balance then due,
5. Time is of the essence with respect to sll payments. If Defendant fails to mak« full snd timely
17 payment of any installment, then Defendant will not be entitled to any dedrtction and the full
18 remaining balance will remain due.
19 G. Payments due ss stipulated above shall be nisde payable to Capital One Hank (USA), N.A.,
20 notated with defendant's file number 1315027, and scut to:
Hunt rlk Hcnrlqucs
22 151 Bernsi Road Suite 8
23 Ssn Josd CA 95119-1306
'34 'I heparties
7. jointly request that this court retain jurisdiction under (.'ode of Civil prrrccduic
(j664.6. The parries further request that this court vacate all futirre hearingsOnd stay all fulfiller
26 action on this case pending completion of this agreemcnt. II'sud &mly if Inrral mles so rer
piir&3 the
27 Parties, by their signatures below, suthortze the court to dismiss this case without
prejudice. The
Parties frrrrhcr agrcc thaiin ihc event of s dclhulr in paymcnrs;md st rhe request of partv, the
Page 2 nf 6
Stipulation Agreement (Code of(.'ivil I'rocedurc G64.6)
is
DDooolT(2 I
Ro(3
5027.00l
&3 I
Frofa:
FZOOIWOBapolrao Fax Faa: aormip
&Oap& Pape: I
~ Of IOIIZQOIO 1.15 PM
1 court shall reopen thc case without notice to the other pa(ty, vacate any disnussal, aud ci&(cr
judgnient in the amount stated in( 9 below. The parties further agree (hat (his Stipulahon may at
3 PlainnA s op(ion hc en(&&reed hy independent action. The Parties ala&& agrcc to,an&I do,
4 voluntarily waive all statutes of linutation and any other legal impediment or bar to (his cour&
5 'rom continuing or resuming jurisdiction of this case inch&ding, but not limited to, waiver of:
6 and
ri(ff&(s provisions ol'alifornia ('.odc nf ('.ivil
Procedure g 583.160, 583.210, 583 310r
7 583.360, 583.410, 583 420, ml all other provisions of California law regarding dismissal of
8 actions for failure to prosecute or to bring an amion to trial within any time limit.
9 8. If Defendant pays in accordance with the terms set forth ahover then Plaintilf shall dismiss this
10 case with prejudice atter the final payment has been determined to be in good funds, 1 f the court
11 has already dismissed the case wiihout prejudice, then i( will be suAicien( for Plaintiff to lct the
H~-I5
5 8(P
I ] ll
I I
12
13
14
16
17
18
19
20
oi'5
an'1
9.
dismissal siand.
Time is of the essence with respect to all payments. Failure to have any payment delivered to the
above payment address on or bcforc ihe due dale will be a default. Thc dishonor or rcvcisal
anypayment will be a delaulh in the event Defendant fails to make any payinent set forth above,
plaintiff shall be entided to judgment against Defendant in the principal amount of 57,463. l0;
plus court costs pursuant (o a memorandum of costs (which will be limited to PlaintifFs fcc for
filing the complaint; Plaintifps fee for service of process; fees(including any reporter fee tliat the
court may require at the time a motion or application is filed) for any motion, apphcation. andlor
order thai has been granted, including the motion or apphca(ion to ent'orce this Agreemmu
any order fee required to file the attached proposed order; and Defendant's first appeamnce fee if
22 Plaintiff advances that fcc in order fi! e I(ds Ageemen!); less credit
&s&
for payments rl&sdc in goof l
23 funds betore ihe time of defaul(.
24 10. Acceptance of any one or more )atc or partial payments by Plaintiff or anyone acting on
liali'shall neither constitute a waiver nt'. nor in any way prcjudicc, Plain(ifp s ri
gin t&f
26 receive timely paymcn(s thereafter or (o declan: a default hereunder, 1'laiotifi's
lsrc a defauli under (his gtipulation when so cn(i(lcd, shall neither c&&us(i(uica
r iu a&iy way prejudice, Plaintift"s right to declaie a default thcrca(ter.
Page 3 of6
Stipulation Agreement (Code of Civil 1'roccdurc
) 664 6)
I3 i s(&2 7 0 &
I
»'vll» '&»&»»» »&s»»s«wsl: r»: rs&s»i&&~i& P&» ~:
&0&8 »&lzr&z&»» .&&
&'M
11. Upon a default by Defendant on any payincnt duc to Plaintiff under the ten»s of this stipulation,
PlaintiTf shall provide Dcf&.ndant with ten (10) days written notice ot'its intent to apply tn the
court to have the dismissal set aside and vacated (if applicable) and to have judgment entered
i
under the terms of this stipulation. Said notice shall be served by mail to Defendant at 3707
Poinciana Drive No. gl, Santa (,'Iatu,CA 95051 or as cor&ected by Del'ei«lant at the time ol
signing this stipulation.
7 12. Notice does not give the Defendant a right to cure Ihe defardt; notice provides only an
opportunity I'or Dcfhndant tn appear and otfer evidence that thcrc has bcn»&r& default.
9 13. Defendant acknowledges that he or she or it may have a right to a noticed hearing ou the issue nf
10 default. By signing this agreement, Delendani knowingly and voluntarily waive s his or her or i is
right to a noticed hearing.
12 14. The parties agree that a commissioner of the court may hear any proceeding arising from this I
Ic&Rh)05( 13 stipulation.
y@+4
ts- &4 15. Defendant rele&«sesand discharges Plaintiff and allof itsrespective current and foinier
4s."4 1' 15 predecessors, successors, purists, affiliate, subsidiaries, insurcrs, snd all ot'he
aforementioned's respcctivc agents, employees, ol1icers,dirccturi, sha&uholdcvs. atiurnc)s.
i
17 collection agencies, credit reporting agencies and vendors (thc "Rclcasees") from all c)aims of
any kind (including any chdms for damages, interest, lees, and/or at torney fees) that Defendant
19 may have with respect to the credit account at issue, collection of the account, reporting of the
account to credit bureaus. accessing Defendant's credit history, or any other matters between
Defendant and Relcasces, including without limitation all claims that wnc asserted or could Inn 0
22 been asserted in the above-captioned case as of the date of this stipulation (the»Mauers
23 I
Released'").
24 16. Defendant further agrees that Defendant will not file any claims. complaints, aff&davits,
arbitrations, or proceedings with any regulatory or administrative agency with respect io the
Matters Released against any of the aforementioned, and thatiniy such claims, complaints,
27 at'fidavits,arbitrations, or proceedings filed prior io the execution ol this stipulation shall
Page 4 of 6
Stipulation Agreement (Code of Civil Procedu& e I'664.6)
D00011Q I ROCi
&3&5027.00&
F&OFF FIIMM&00 aa&00&aa 20.'ax: (6600 301-6016 0606: 6 at 0 10I22I2010 3'33 FM
promptly be dismissed or withdrawn with prejudice. This stipulation is intended to resolve
forever the entire disagreement bctu ocn Defendant and Plaintiff
17. F~h Party exPressly waives and relinquishes all rights and benefits that he, sl&c, or it bras or may
have under California Civil Code Section 1542. That section states: "A general release does not
extend to claims which the creditor does not know or suspect to cxisx in his or her favor at the
time of executing the release, which if known by him or her must have materially afibcted his or
her settlement with the debtor.".
8 18. By signing this stipulation, each party indicates that he, she, or it has read the provisions of
California Civil Code Section 1542. L'ach party acknowlcdgcs that the significanc and
consequence of this waiver is that even if he or she or it should eventually suAer additional
damages arising out of the litigation or any claims that could have been asserted in this case, hc
12 or she or it will not be permitted to make raty claim for those dantages. I'urthennore. each party
g $ gk$ 13 acknowledges that he or she or it intends that consequence even as to claims for damages tlrat
may exist as of the date of this release but which he or shc or it d&xu not know exist, and which,
02) 0
if known, would materially affect his or her or its decision to execute this release, regardless of
whether his or her or its lack of knowledge is thc result of ignorance, oversipat,error, negligence, I
17 or any other cause,
18 19. Upon timely receipt and full negotiation of Ihe payments as stated above, Plaintiff releases and
19 discharges Defendant in connection with any claims it may have &elating R& the account at issue
20 in this case. This release by PlaintiA'does not extend to any otlrer account(s) or other tinancial
obligations that Defendant may have with any Releasee.
22 & 20, Defendant understands tl&at PlaintiA'or its aAIIiatcs may hc rcqu&rcd hy!bdc&a! Iaw to iss&&c '-3
23 forms, including a 1099 form, regarding the account or amounts written off on!Ite account,
24 PlaintiA'makes no representations war&2nuics as tu thc tax implications uf the actions taken on
&&r
25 the account set forth herein and Defbndant agrees not to seek to hold Relw&sees
'6 Iiui&le0&II
Defendant's tax liability.
27
Page 5 MI'(&
Stipulation Agrcemcnt (Code ot Civil Procedure 5 0(14
tn3000 I'Iq IK%
0)
I
I7 ISasr Ol&
I
Frora: Pro«alla aareoltaa
Fear ro: Faa; 1505) 3070035 Paoo.7ol a eonereol 0
3 35 Pee
I 21. Defendant acknowledges having heed the opportunity to consult with legal counsel of choice
concerning Defendant's legal rights with respect to the form and content of this stipulation and
thc advisability of executing it.
4 22. This stipulation may be signed in counterparts, and the counterparts together shall constitute one
document. Counterparts including faxed, scaemed, or photocopicd sitrraturcs shall be rls valid as
an origiinal.
23. This stipulation contains the entire atrreement of the parties. There are no oral or written I
a~oements or understaredings not contained herein
12 CotrImoteweelth of Vil( IIIIR
CO!IIII) iet CIIesterfield
LhIR~5 13
Dated: rA I ~«err,wt I
CAPITAL ONE 137erNK (USAh N.A
at]55i 9E
15 Authorized Agent.
Name: +(,)1g~l"
M3:LI« 16
ut f e rt Commonwealth of Vlriiirtia
otmty of Chesterfield
17
Ig SUBSCRIBED and sworn to before me, the undersigned Notary Public in and Ior the jurisdictieen
0
by ) IPel.r lI'7e
'foresaid,
& ,who is personally known to me and acknowledged
before me his/her signature to the filregoing A Iledavit. (rIVPM under my hand and seal this
g day
21 of p+t~f;4, 2Ogas
,„eeeeeeleo
,ee' eteIII.80@4,"««
e4
'4," NOYARY
PVSLIC
",4~ «
REG 9 332993:, N:
', MY COMMISSION I
~
8
25 ',
4g'. 04/30/2022, '~,
EXPIRES
g
3 f &r f,.'-/ED 4 Page 6 of 6
Stipulation Agreement (Code of Civil Procedure
DDOOO I TO I ROG
Ii 664.6j
IS I Sl)ZI.00
I
Preview
From: Freeeeee ieeql&ee Fe»: ro: Fe»: teeet eee.leo eeee.eeie ieuniene eeeee Hunt ilc Henriques, Attorneys at Law Michael S, Hunt, Fsq. J199804 151 Bernal Road Suite 8 6/23/2020 San Josd CA 95119-1306 Telephone: (800) 680-2426 Facstuul«: {408) 362-2299 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTF. 9 CHICO. NORTH COUNTY COURTHOUSE — LIMITED CIVII. JURISDICTION 10 II Capital One Bank (USA), N.A., ICa e No. I 9Cvnt 460 12 Plaintif1; 3(~N ce~ pion 13'v. SFTTI FMFNT AGRFEtvtENT JURISDICTION RETAINED UNDER CODE )Ige 14 IF'FER L MICH, et aL, OF CIVIL PROCKDURF. IJ 664.6 33 15 Defendant(s) Fled( 16 ngi II 18 fl'S HEREBY STIPULATED by and between the parties hereto: 19 1. JLNNIFER L MICII("Defendant.") stipulates to entry ofjudgment in favor of Capit il One Bank 20 {1}SA), N.A., ("PtaintitÃ) in the principal sum of $ 7,463.}0 plus court costs pursuant to a I 21 memorandum of costs (which will be limited to P)aintifps fee lor filing the complaint; Plaintiff s fee tor scrv!cc of prow.ugi fm (! nc!uding any reporter tbc tliat tiic crmii I'liav ivquiic at thc 1iinc a motion or application is fled) lbr any motion, apphcation, and/or order that has been granted, 24 includtng fhe motion or applirsil ion to enforce this Agreement iind any order fee required to file 25 thc at tie«bed proposed ordei; and Defendant's first appearance fee if plaintitTiatvaiic«~ iliin fee iii 26 order to file this Agreement); less credit for payments made in good funds before the time of 27 default. Page 1 of6 Stipulation Agreement ((:ode of Civil 1'r«icedure ( 664.6) lIIIlllllIIIIII t3) 5027ODI Fram. 0 rarrasa BaqmraaFair'aa (848) 301 4838 Pa09.3at 8 30&22I2019 3.35 PM I 2. The parties a~0 tlrat sn scc4runt hss been starul su&1 $ 7,463.10 is the accurate liquidated amount owed on this debt. As such, Defendant acknowledges this as thc co»ect bala&ice. It is the parties'ntent that in the event of default in rhe payment plan, Plaintitf shall be entitled to enter judgment fur thc amount ststml in $ I. 5 3. Notwithstanding the stipulation to enter judgment, plaintiff willnot request that judgment he entered so long as Defendant is not in default with the following paymem plrur. Dependant agrees to psy to plaintiff a minimum of $ 25.00 on or bcforc the 31»t dsy of each and every month beginning October, 2019; followed by a minimum of $ 382.00 on or before the 31st dsy of each and every month beginning August, 2020 followed by a final payment of $ 337.10 due on or 10 before February 28, 2022, until the Defendant has paid thc iotal sum of $ 7,463.10. These consecutive monthly installments, totaling $ 7,463.10, Smely received, will constitute full 12 satisfaction of the judgment. f frSI &3 4. As an inccntivc, if Defendant timely makes 24 of the 29 installment payments when due., totaling $ 5,598.00, Defendant may deduct the remaining 5 payments, totaling $ 1,865.10, Aom the remaining balance then due, 5. Time is of the essence with respect to sll payments. If Defendant fails to mak« full snd timely 17 payment of any installment, then Defendant will not be entitled to any dedrtction and the full 18 remaining balance will remain due. 19 G. Payments due ss stipulated above shall be nisde payable to Capital One Hank (USA), N.A., 20 notated with defendant's file number 1315027, and scut to: Hunt rlk Hcnrlqucs 22 151 Bernsi Road Suite 8 23 Ssn Josd CA 95119-1306 '34 'I heparties 7. jointly request that this court retain jurisdiction under (.'ode of Civil prrrccduic (j664.6. The parries further request that this court vacate all futirre hearingsOnd stay all fulfiller 26 action on this case pending completion of this agreemcnt. II'sud &mly if Inrral mles so rer piir&3 the 27 Parties, by their signatures below, suthortze the court to dismiss this case without prejudice. The Parties frrrrhcr agrcc thaiin ihc event of s dclhulr in paymcnrs;md st rhe request of partv, the Page 2 nf 6 Stipulation Agreement (Code of(.'ivil I'rocedurc G64.6) is DDooolT(2 I Ro(3 5027.00l &3 I Frofa: FZOOIWOBapolrao Fax Faa: aormip &Oap& Pape: I ~ Of IOIIZQOIO 1.15 PM 1 court shall reopen thc case without notice to the other pa(ty, vacate any disnussal, aud ci&(cr judgnient in the amount stated in( 9 below. The parties further agree (hat (his Stipulahon may at 3 PlainnA s op(ion hc en(&&reed hy independent action. The Parties ala&& agrcc to,an&I do, 4 voluntarily waive all statutes of linutation and any other legal impediment or bar to (his cour& 5 'rom continuing or resuming jurisdiction of this case inch&ding, but not limited to, waiver of: 6 and ri(ff&(s provisions ol'alifornia ('.odc nf ('.ivil Procedure g 583.160, 583.210, 583 310r 7 583.360, 583.410, 583 420, ml all other provisions of California law regarding dismissal of 8 actions for failure to prosecute or to bring an amion to trial within any time limit. 9 8. If Defendant pays in accordance with the terms set forth ahover then Plaintilf shall dismiss this 10 case with prejudice atter the final payment has been determined to be in good funds, 1 f the court 11 has already dismissed the case wiihout prejudice, then i( will be suAicien( for Plaintiff to lct the H~-I5 5 8(P I ] ll I I 12 13 14 16 17 18 19 20 oi'5 an'1 9. dismissal siand. Time is of the essence with respect to all payments. Failure to have any payment delivered to the above payment address on or bcforc ihe due dale will be a default. Thc dishonor or rcvcisal anypayment will be a delaulh in the event Defendant fails to make any payinent set forth above, plaintiff shall be entided to judgment against Defendant in the principal amount of 57,463. l0; plus court costs pursuant (o a memorandum of costs (which will be limited to PlaintifFs fcc for filing the complaint; Plaintifps fee for service of process; fees(including any reporter fee tliat the court may require at the time a motion or application is filed) for any motion, apphcation. andlor order thai has been granted, including the motion or apphca(ion to ent'orce this Agreemmu any order fee required to file the attached proposed order; and Defendant's first appeamnce fee if 22 Plaintiff advances that fcc in order fi! e I(ds Ageemen!); less credit &s& for payments rl&sdc in goof l 23 funds betore ihe time of defaul(. 24 10. Acceptance of any one or more )atc or partial payments by Plaintiff or anyone acting on liali'shall neither constitute a waiver nt'. nor in any way prcjudicc, Plain(ifp s ri gin t&f 26 receive timely paymcn(s thereafter or (o declan: a default hereunder, 1'laiotifi's lsrc a defauli under (his gtipulation when so cn(i(lcd, shall neither c&&us(i(uica r iu a&iy way prejudice, Plaintift"s right to declaie a default thcrca(ter. Page 3 of6 Stipulation Agreement (Code of Civil 1'roccdurc ) 664 6) I3 i s(&2 7 0 & I »'vll» '&»&»»» »&s»»s«wsl: r»: rs&s»i&&~i& P&» ~: &0&8 »&lzr&z&»» .&& &'M 11. Upon a default by Defendant on any payincnt duc to Plaintiff under the ten»s of this stipulation, PlaintiTf shall provide Dcf&.ndant with ten (10) days written notice ot'its intent to apply tn the court to have the dismissal set aside and vacated (if applicable) and to have judgment entered i under the terms of this stipulation. Said notice shall be served by mail to Defendant at 3707 Poinciana Drive No. gl, Santa (,'Iatu,CA 95051 or as cor&ected by Del'ei«lant at the time ol signing this stipulation. 7 12. Notice does not give the Defendant a right to cure Ihe defardt; notice provides only an opportunity I'or Dcfhndant tn appear and otfer evidence that thcrc has bcn»&r& default. 9 13. Defendant acknowledges that he or she or it may have a right to a noticed hearing ou the issue nf 10 default. By signing this agreement, Delendani knowingly and voluntarily waive s his or her or i is right to a noticed hearing. 12 14. The parties agree that a commissioner of the court may hear any proceeding arising from this I Ic&Rh)05( 13 stipulation. y@+4 ts- &4 15. Defendant rele&«sesand discharges Plaintiff and allof itsrespective current and foinier 4s."4 1' 15 predecessors, successors, purists, affiliate, subsidiaries, insurcrs, snd all ot'he aforementioned's respcctivc agents, employees, ol1icers,dirccturi, sha&uholdcvs. atiurnc)s. i 17 collection agencies, credit reporting agencies and vendors (thc "Rclcasees") from all c)aims of any kind (including any chdms for damages, interest, lees, and/or at torney fees) that Defendant 19 may have with respect to the credit account at issue, collection of the account, reporting of the account to credit bureaus. accessing Defendant's credit history, or any other matters between Defendant and Relcasces, including without limitation all claims that wnc asserted or could Inn 0 22 been asserted in the above-captioned case as of the date of this stipulation (the»Mauers 23 I Released'"). 24 16. Defendant further agrees that Defendant will not file any claims. complaints, aff&davits, arbitrations, or proceedings with any regulatory or administrative agency with respect io the Matters Released against any of the aforementioned, and thatiniy such claims, complaints, 27 at'fidavits,arbitrations, or proceedings filed prior io the execution ol this stipulation shall Page 4 of 6 Stipulation Agreement (Code of Civil Procedu& e I'664.6) D00011Q I ROCi &3&5027.00& F&OFF FIIMM&00 aa&00&aa 20.'ax: (6600 301-6016 0606: 6 at 0 10I22I2010 3'33 FM promptly be dismissed or withdrawn with prejudice. This stipulation is intended to resolve forever the entire disagreement bctu ocn Defendant and Plaintiff 17. F~h Party exPressly waives and relinquishes all rights and benefits that he, sl&c, or it bras or may have under California Civil Code Section 1542. That section states: "A general release does not extend to claims which the creditor does not know or suspect to cxisx in his or her favor at the time of executing the release, which if known by him or her must have materially afibcted his or her settlement with the debtor.". 8 18. By signing this stipulation, each party indicates that he, she, or it has read the provisions of California Civil Code Section 1542. L'ach party acknowlcdgcs that the significanc and consequence of this waiver is that even if he or she or it should eventually suAer additional damages arising out of the litigation or any claims that could have been asserted in this case, hc 12 or she or it will not be permitted to make raty claim for those dantages. I'urthennore. each party g $ gk$ 13 acknowledges that he or she or it intends that consequence even as to claims for damages tlrat may exist as of the date of this release but which he or shc or it d&xu not know exist, and which, 02) 0 if known, would materially affect his or her or its decision to execute this release, regardless of whether his or her or its lack of knowledge is thc result of ignorance, oversipat,error, negligence, I 17 or any other cause, 18 19. Upon timely receipt and full negotiation of Ihe payments as stated above, Plaintiff releases and 19 discharges Defendant in connection with any claims it may have &elating R& the account at issue 20 in this case. This release by PlaintiA'does not extend to any otlrer account(s) or other tinancial obligations that Defendant may have with any Releasee. 22 & 20, Defendant understands tl&at PlaintiA'or its aAIIiatcs may hc rcqu&rcd hy!bdc&a! Iaw to iss&&c '-3 23 forms, including a 1099 form, regarding the account or amounts written off on!Ite account, 24 PlaintiA'makes no representations war&2nuics as tu thc tax implications uf the actions taken on &&r 25 the account set forth herein and Defbndant agrees not to seek to hold Relw&sees '6 Iiui&le0&II Defendant's tax liability. 27 Page 5 MI'(& Stipulation Agrcemcnt (Code ot Civil Procedure 5 0(14 tn3000 I'Iq IK% 0) I I7 ISasr Ol& I Frora: Pro«alla aareoltaa Fear ro: Faa; 1505) 3070035 Paoo.7ol a eonereol 0 3 35 Pee I 21. Defendant acknowledges having heed the opportunity to consult with legal counsel of choice concerning Defendant's legal rights with respect to the form and content of this stipulation and thc advisability of executing it. 4 22. This stipulation may be signed in counterparts, and the counterparts together shall constitute one document. Counterparts including faxed, scaemed, or photocopicd sitrraturcs shall be rls valid as an origiinal. 23. This stipulation contains the entire atrreement of the parties. There are no oral or written I a~oements or understaredings not contained herein 12 CotrImoteweelth of Vil( IIIIR CO!IIII) iet CIIesterfield LhIR~5 13 Dated: rA I ~«err,wt I CAPITAL ONE 137erNK (USAh N.A at]55i 9E 15 Authorized Agent. Name: +(,)1g~l" M3:LI« 16 ut f e rt Commonwealth of Vlriiirtia otmty of Chesterfield 17 Ig SUBSCRIBED and sworn to before me, the undersigned Notary Public in and Ior the jurisdictieen 0 by ) IPel.r lI'7e 'foresaid, & ,who is personally known to me and acknowledged before me his/her signature to the filregoing A Iledavit. (rIVPM under my hand and seal this g day 21 of p+t~f;4, 2Ogas ,„eeeeeeleo ,ee' eteIII.80@4,"«« e4 '4," NOYARY PVSLIC ",4~ « REG 9 332993:, N: ', MY COMMISSION I ~ 8 25 ', 4g'. 04/30/2022, '~, EXPIRES g 3 f &r f,.'-/ED 4 Page 6 of 6 Stipulation Agreement (Code of Civil Procedure DDOOO I TO I ROG Ii 664.6j IS I Sl)ZI.00 I